What is the ruling when a sick person purchases someone they are obligated to free?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the value of the person purchased is covered by the disposable third, they are freed, and the sick person inherits. This is the position of Malik and Abu Hanifa. If the value exceeds the third, manumission occurs to the extent of the third, and the heir inherits only to the extent of the remaining freedom in the person. If the heir is someone the sick person was obliged to free upon acquisition, the obligation is met through inheritance. Al-Qadi stated this aligns with the view of Ahmad, as he ruled that endowments (*waqf*) made to heirs during illness are valid and not bequests because endowments are not considered property that can be sold or inherited.
Supporting text
Abu Yusuf and Muhammad hold that there is no bequest to an heir; the value is offset against the inheritance, and compensation is sought for any remaining value. Some companions of Malik hold that manumission occurs from the principal capital, and the owner inherits, treating it like a gifted or inherited slave, arguing that the price paid is not a bequest to the slave (who doesn't own his neck) nor to the seller (who has already received compensation).